Terms of use

Terms of Use

Please read these Terms of Use carefully before using https://www.luminpdf.com and any associated websites, products, and services offered thereon (together, the “Site” or the “Service”) by Nitrolabs Limited (“Nitrolabs”). These Terms of Use create a legally binding contract between you and Nitrolabs

General Terms

By accessing or using the site in any manner, including, but not limited to, visiting or browsing the site, contributing content or other materials to the site, or buying/downloading products, services, or subscriptions, you agree to be bound by these terms of use, including the warranty and disclaimers, acceptable use policy, limitations of liability, dispute resolution, and termination provisions below.

The Service

The Service offers users the ability to view, edit, annotate, and sign PDF documents. The Service also allows the conversion of different file formats to PDF format. The Service is provided via web software interface and mobile software applications. When users use the Service, they provide Nitrolabs with their files, content, documents, etc (“Content”). The Service does not give Nitrolabs the rights to any of the Content, except as needed to provide the Service. You agree and give Nitrolabs permission to use your Content for the limited purpose of providing the Service and this permission extends to our affiliates, partners, and trusted third parties Nitrolabs works with. Further, please note that:

1. Files that are opened from a cloud storage provider are not copied to our servers, unless a file conversion is performed, and/or you share the files using the Service’s share functionality.
2. All connections with cloud storage providers are encrypted.

Allowed Usage

You agree to comply with the policies that Nitrolabs may adopt from time to time to regulate the Service, including, without limitation, setting a maximum number of files that a user may upload through the Service, the maximum size of the files that a user may convert through the Service, and similar regulations. You agree not to bypass these policies by any means, including creating multiple accounts.

Availability of Service

Nitrolabs will try to ensure that the Service is always available, but Nitrolabs cannot give any guarantees for availability and the permanent full functionality of the Service. You agree not to rely on this Service and that Nitrolabs will not be responsible for any failure caused by outage of this Service.

Responsibility for Your Content

Nitrolabs will try to ensure that the Service is error free. Nitrolabs does not guarantee nor warrant that your Content will not be damaged, deleted, or lost. You acknowledge that you have a copy of all files and Nitrolabs will not be responsible for any failure caused by files, sent to the Service.

Furthermore, you agree not to upload, create, share, transmit, or otherwise process any content on the Service that contains sensitive information, such as credit card information, social security information, and protected health information. You agree that you will not store, upload, share, transmit, or otherwise process any content via the Service that falls within the definition of “Protected Health Information” under the United States Health Insurance Portability and Accountability Act (“HIPPA”) or statutes of similar affect.

You agree that you will not take any action that would cause Nitrolabs to violate EU Data Protection Laws, the U.S. Foreign Corrupt Practices Act of 1977, as amended, the U.K. Bribery Act of 2010, or any other applicable anti-bribery, anti-corruption, or anti-money laundering law.

Signatures

The Service provides functionality to allow You to edit and annotate PDF documents to add Your signature. Nitrolabs makes no representation or warranty regarding the transaction sought to be facilitated if you use the Service’s signature feature. Certain types of agreements and documents may be exempt from electronic signature laws and Nitrolabs is not responsible or liable to determine whether your Content can be legally executed through an electronic signature. Nitrolabs is not a party to any agreement or document executed via a signature through the Service, Nitrolabs is not responsible for any terms within your Content executed via signature through the Service, and Nitrolabs is not responsible or liable for producing your Content executed via signature through the Service to a third party. You agree and are responsible for the legal requirements associated with relying on a signature via the Service for your Content, and you agree to indemnify and hold Nitrolabs harmless for any resulting liability for using a signature via the Service.

Allowed Usage Policy

Your use of the Service must comply with our Allowed Usage Policy. We trust you to use the Service responsibly and you Agree not to misuse the Service or help anyone 123 else to misuse the Service. For instance, misuse of the Service includes, but is not limited to:

• Breaching or otherwise circumventing any security or authentication measure;
• Accessing and/or tampering non-public areas of the Service;
• Interfering or disrupting the Service, i.e., sending a virus or spamming the Service;
• Creating bulk/multiple accounts to circumvent consumed time on the Service;
• Sending false information, including “phishing” or “spoofing”;
• Sell the Service without authorization to do so;
• Harass or abuse other Users or Nitrolabs personnel;
• Upload, share, or create content that is unlawfully lewd, indecent, or contains acts of extreme violence and/or terrorist acts;
• Upload, share, or create content to advocate against a person or group based on race, ethnicity, religion, sex, gender identity, sexual orientation, disability, or impairment;
• Upload, share, or create content that infringes on the intellectual property rights of others;
• Violate the law in any way, including violating the privacy or rights of others.

Nitrolabs may review your conduct for compliance with these Terms of Use, and Acceptable Use Policy. Nitrolabs is not responsible for the content you post, create, upload, transmit, share, or otherwise process via the Service.

Finally, you may use the Service only as permitted by applicable law and regulations, and you must be at least 13 years of age or older (depending on where you live) to use the Service.

License

By using the Service, and subject to your compliance with these Terms of Use, Nitrolabs grants you a limited, personal, non-transferable, non-exclusive, revocable right to use and/or access the Service. You agree not to reproduce, display, distribute, creative derivative works, publicly display, publicly perform, sell, license, and/or resell any content, software, hardware, services and/or products obtained through your use of the Service, without the express written consent of Nitrolabs.

Upgraded Accounts

The Service is provided on a free basis, but you may increase Your storage space and add additional Service features by purchasing an upgraded account (“Upgraded Account”).

1. Free Users. The Service may be accessed on a free basis. However, if you use the Service through a free account, your Content will only be available for one-year from the date your Content was uploaded to the Service. After the one-year period, you may access your Content by purchasing an Upgraded Account. You may also delete inaccessible Content at any time when using the Service on a free basis.
2. Billing. The Upgraded Account can be billed on a monthly or annual basis. Nitrolabs will automatically bill you from the date you initiate an Upgraded Account and on each periodic renewal until cancellation. Nitrolabs only accepts credit and debit card payments for an Upgraded Account. You are required to pay applicable taxes, and Nitrolabs will charge tax when required to do so under applicable law.
3. No Refunds. All Upgraded Accounts are not refundable, so once Nitrolabs receive your payment, it will not be refunded, unless required under applicable law.
4. Deactivation. The Upgraded Account will be in full force and effect until you cancel or downgrade your Upgraded Account. You are free to cancel or downgrade your Upgraded Account at any time.
5. No Payment. Nitrolabs reserves the right to cancel, suspend, or otherwise terminate your Upgraded Account if payment is not timely received on the period payment date. Nitrolabs recommends you make sure your credit or debit card associated with your Upgraded Account is always up to date and active.
6. Modify. Nitrolabs may modify the fees in effect, but Nitrolabs will provide you with reasonable advance notice before doing so.

Please refer to the Site pricing page for further details concerning Upgraded Accounts: https://www.luminpdf.com/pricing/.

Team/Enterprise Accounts

If you use a Service Team and/or Enterprise Account, you must use it in compliance with your organization’s terms and policies. Please note Service Team and/or Enterprise Accounts are subject to your organization’s control. Your organization’s account administrator may be able to access, control, disclose, remove, or restrict Content from your Team and/or Enterprise Account. They may be also be able to restrict your access to the Team and/or Enterprise Account.

Termination

You are free to stop using the Services at any time. Nitrolabs reserves the right to terminate your access to the Services if:

• You breach or materially breach these Terms of Use;
• Your use of the Services would cause harm or risk to others;
• You have not made timely payments for your Subscription.

Nitrolabs will provide you reasonable notice for the Termination of Your Services, and will allow you to export your Content from the Service, unless doing so will cause Nitrolabs legal liability, will compromise Nitrolabs’ ability to provide the Service to others, or Nitrolabs is prohibited from doing so by law.

Nitrolabs may also discontinue the Services in response to unforeseen circumstances beyond its control or to comply with legal requirements. If this occurs, Nitrolabs will provide you with reasonable notice to export Your Content from the Service.

Privacy Policy

These Terms of Service incorporate by reference the Nitrolabs Privacy Policy.

Nitrolabs Content

LUMIN® is a registered trademark of Nitrolabs Ltd. The Service is protected by copyright, trademark, and other US and foreign laws. These Terms of Use do not grant you any right, title, or interest in or to Nitrolabs’ copyrights, trademarks, or software. Your use of Nitrolabs’ copyrights, trademarks, or software without authorization, will be considered a material breach of these Terms of Use.

Copyright Policy

You are solely responsible for your Content uploaded, created, shared, transmitted, or otherwise processed on the Service. You are solely responsible for your profile picture, account name, and the Content you share with other users through the Service. Nitrolabs will not monitor your Content, but Nitrolabs requests you comply with all applicable copyright laws while using the Service. Infringing on the copyrights or intellectual property rights of others may result in legal liability. If your Content is reported to infringe on the copyrights and/or intellectual property rights of others, Nitrolabs reserves the right to remove or disable your Content alleged to be infringing and to terminate the Service for repeat infringers.

Your Content on the Service remains yours and you own any intellectual property rights associated with your Content. However, you provide consent to Nitrolabs if your Content and associated intellectual property rights restrict Nitrolabs’ use of your Content to provide the Service.

Service "As Is"

Nitrolabs will use all reasonable efforts to provide excellent Services, but Nitrolabs cannot guarantee this. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NITROLABS, AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS, MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” NITROLABS ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions may not allow warranties and disclaimers provided in this section, so this section may not apply to you.

Limitations of Liability

Nitrolabs does not exclude or limit its liability where it would be illegal to do so. In jurisdictions where the following type of exclusions are not allowed, NITROLABS IS RESPONSIBLE TO YOU FOR ONLY LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF CONTRACT WITH YOU. THIS SECTION DOES NOT AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY CONTRACT.

In countries and/or jurisdictions where exclusions or limitations of liability are allowed, Nitrolabs, its affiliates, suppliers, or distributors will not be liable for:

• ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
• ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY WHETHER OR NOT NITROLABS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICE FOR ANY COMMERICIAL, BUSINESS, OR RE-SALE PURPOSE, NITROLABS, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPURTUNITY. NITROLABS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY NITROLABS CANNOT LIMIT BY LAW, NITROLABS LIMITS ITS LIABILITY TO YOU TO THE GREATER OF $30 USD or 100% OF ANY AMOUNT YOU HAVE PAID TO NITROLABS UNDER YOUR CURRENT SUBSCRIPTION OR PREPAID SERVICE PLAN WITH NITROLABS. Resolving Disputes

Before filing a claim against Nitrolabs, Nitrolabs would like to make attempts to resolve the dispute informally. Therefore, you agree to try and resolve the dispute informally with Nitrolabs before filing a formal complaint against Nitrolabs. You can contact Nitrolabs at [email protected] to attempt informal resolution in the first instance. If the dispute is not resolved within 30 days of submission, you or Nitrolabs may bring a formal proceeding as provided for herein.

Judicial Forum

You and Nitrolabs agree that any judicial proceeding to resolve claims or disputes relating to these Terms of Use will be brough in the state or federal courts located in San Francisco, California, subject to the mandatory arbitration provisions below. Both you and Nitrolabs consent to personal jurisdiction and venue is such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, then these provisions do not override those laws.

Mandatory Binding Arbitration

If you and Nitrolabs do not reach an agreed-upon solution within the 30-day period informal dispute provision above, then you or Nitrolabs may initiate binding arbitration as the sole means to resolve the claim. You and Nitrolabs agree to resolve any claims, except for intellectual property claims described below, related to these Terms of Use through final and binding arbitration. This includes any disputes relating to the interpretation, application, enforceability, or validity of this mandatory arbitration provision. The arbitration will be in accordance with the Comprehensive Arbitration Rules ("Rules") of the Judicial Arbitration and Medication Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, the arbitration proceeding will be in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Use will be entitled to its costs and Attorneys’ fees. You can opt-out and decline this agreement to arbitrate by contacting Nitrolabs at [email protected] within 30 days from the date you first became subject to this arbitration provision (i.e., the date you initially accepted these Terms of Use). However, if you agreed to previous version of these Terms of Use that allowed you to opt-out of arbitration, your previous decision remains binding.

Exceptions to Arbitration; Intellectual Property Disputes

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action, validity determinations, or claims arising from or relating to theft, piracy, infringement, or unauthorized use of intellectual property in and state of federal court in San Francisco, California, or the United States Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, trademarks, trade secrets, copyrights, and moral rights, but not privacy or publicity rights.

No Jury Trial

The parties understand that absent the mandatory arbitration provision, they would have a right to sue in court and have a jury trial. The parties further understand that, in some instances, the cost of arbitration may exceed the cost to litigation, and the right to discovery in arbitration may be more limited in arbitration than in court.

No Class Actions or Consolidated Actions

All claims and disputes within the scope of these Terms of Use must be arbitrated or litigated on an individual basis and not on a class action basis, and claims by one user cannot be arbitrated or litigated jointly or consolidated with any other user. In the event this section is deemed invalid or unenforceable, neither you or Nitrolabs are entitled to arbitration and instead claims and disputes shall be resolved in a Court located in San Francisco, California.

Survival

The mandatory arbitration provision, waiver of class actions, and no jury trial shall survive your termination of the Service.

Governing Law

These Terms of Use (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of State of California, except for its conflict of laws principles. However, some countries have laws that require agreements to be governed by the local laws of the consumer’s country – this section does not override those laws and requirements.

Entire Agreement

These Terms of Use and any account transactional related documentation constitute the entire agreement between you and Nitrolabs and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms of Use. These Terms of Use create no third-party beneficiary rights.

Waiver

Nitrolabs' failure to enforce a provision of these Terms of Use does not constitute a waiver of its rights to do so later.

Modification

We may choose to correct, amend, or modify these Terms of Use at any time to better comply with new laws and regulations, or improvements and enhancements made to the Services. If we change these Terms of Use we will notify you and will publish the revised Terms of Use on our Site. If you do not agree with these Terms of Use or any modification to the Terms of Use, you may freely discontinue your Use of the Services. If You continue to use the Services after the modifications come into effect, you agree to be bound by the revised Terms of Use.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be void. Nitrolabs may assign its rights to any of its affiliates, subsidiaries, or to any successor in interest.

Severability

If any provision of these Terms of Use is found unenforceable, the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be substituted.

Last updated July 21, 2020.